Start-Ups

Start-Ups

Startup India Registration

Introduction In India, population of youngsters is very high and maximum of youngsters have a dream to become entrepreneur. Some of them have a workable business idea in their mind and on paper but due to shortage of funds they face challenges in converting that business idea into reality. To help these entrepreneurs, the Government of India has launched a scheme known as Startup India and if you meet the criteria prescribed by Startup India Registration then your organisation will be approved by DPIIT and your organisation will be eligible for getting all benefits prescribed under this scheme. Eligibility criteria for recognition from DPIIT Your startup must be incorporated as Private Limited Company or a registered Partnership Firm or a Limited Partnership Firm Its period of existence and operations should not be exceeding 10 years from the date of Incorporation This organisation must not be formed by splitting up or reconstructing an already existing business After the date of incorporation, its Annual turnover should not be exceeded Rs.100 Crore for any of the financial years The idea of business should work towards development or improvement of a product, process or service and/or have scalable business model with high potential for creation of wealth & Employment The firms should have obtained the approval from the Department of Industrial Policy and Promotion (DIPP). To get approval from DIPP, the firm should be funded by an Incubation fund, Angel Fund or Private Equity Fund. The firm should have obtained a patron guarantee from the Indian patent and Trademark Office. Capital gain is exempted from income tax under the startup India campaign. Angel fund, Incubation fund, Accelerators, Private Equity Fund, Angel network must be registered with SEBI ( Securities and Exchange Board of India). It has a recommendation letter from an incubator Steps to Register Your Startup with Startup India Step 1: Incorporate your Business You must first incorporate your business as a Private Limited Company or a Partnership firm or a Limited Liability Partnership. You have to follow all the normal procedures for registration of any business like obtaining the Certificate of Incorporation/Partnership registration, PAN, and other required compliances. Step 2: Register with Startup India Then the business must be registered as a startup. The entire process is simple and online. All you need to do is log on to the Startup India website and fill-up the form with details of your business. Next, enter the OTP which is sent to your e-mail and other details like, startup as the type of user, name and stage of the startup, etc. After entering these details, the Startup India profile is created. Once, your profile is created on the website, startups can apply for various acceleration, incubator/mentorship programmes and other challenges on the website along with getting access to resources like Learning and Development Program, Government Schemes, State Polices for Startups and pro-bono services. Step 3: Get DPIIT Recognition The next step after creating the profile on the Startup India Website is to avail Department for Promotion of Industry and Internal Trade (DPIIT) Recognition. This recognition helps the startups to avail benefits like access to high-quality intellectual property services and resources, relaxation in public procurement norms, self-certification under labour and environment laws, easy winding of company, access to Fund of Funds, tax exemption for 3 consecutive years and tax exemption on investment above fair market value. For getting DPIIT Recognition, click on the ‘Get Recognised’ button if you are a new user. If you are an existing user click on the ‘Dashboard button’ and then ‘DPIIT Recognition’. Step 4: Recognition Application The ‘Recognition Application Detail’ page opens. On this page click on ‘View Details’ under the Registration Details section. Fill up the ‘Startup Recognition Form’ and click on ‘Submit’. Step 5: Documents for Registration Incorporation/Registration Certificate of your startup Details of the Directors Proof of concept like pitch deck/website link/video (in case of a validation/ early traction/scaling stage startup) Patent and trademark details (Optional) PAN Number Step 6: Recognition Number That’s it! On applying you will immediately get a recognition number for your startup. The certificate of recognition will be issued after the examination of all your documents which is usually done in 2 days after submitting the details online. However, be careful while uploading the documents. If on subsequent verification, it is found to be obtained that the required document is not uploaded/wrong document uploaded or a forged document has been uploaded then you shall be liable to a fine of 50% of your paid-up capital of the startup with a minimum fine of Rs. 25,000. Step 7: Other Areas Patents, trademarks and/or design registration: If you need a patent for your innovation or a trademark for your business, you can easily approach any from the list of facilitators issued by the government. You will need to bear only the statutory fees thus getting an 80% reduction in fees. Funding: One of the key challenges faced by many startups has been accessing finance. Due to lack of experience, security or existing cash flows, entrepreneurs fail to attract investors. Besides, the high-risk nature of startups, as a significant percentage fail to take off, puts off many investors. In order to provide funding support, the Government has set up a fund with an initial corpus of INR 2,500 crore and a total corpus of INR 10,000 crore over a period of 4 years (i.e. INR 2,500 crore per year). The Fund is in the nature of Fund of Funds, which means that it will not invest directly into Startups, but shall participate in the capital of SEBI registered Venture Funds. Self Certification Under Employment and Labour Laws: Startups can self certify under labour laws and environment laws so that their compliance costs are reduced. Self-certification is provided to reduce regulatory burden thereby allowing them to focus on their core business. Startups are allowed to self-certify their compliances under six labour laws and three environment laws for a period of 3 to 5 years from the date of incorporation. Units operating under 36 white

Case Laws, Company Law, Income Tax, Others, Start-Ups

LLP registration in India by an NRI

Earlier, NRIs and Foreign Nationals looking to start a business in India did it through the automatic route of 100% foreign direct investment (FDI) in a private limited company. Subsequently, the Indian government permitted a 100% FDI in a Limited Liability Partnership (LLP) via the automatic route. This made it easier for NRIs and foreign nationals to invest in Indian businesses. Today, we will look at the process of LLP registration in India for NRIs and foreign nationals. Before November 2015, an NRI or a foreign national needed to seek approval from the Indian government to invest in an LLP in India. Hence, the process was long and expensive. This was another reason behind the preference of a private limited company for FDIs. However, with the relaxation of the rules in November 2015, LLPs became the ideal option for FDIs in India. Today, the government permits a 100% FDI in an LLP in India via the automatic route. While the government has restricted the sectors for these investments, there are no other deterring factors. Minimum Requirements for LLP registration by an NRI: Shareholders: Minimum 2 shareholders are required for the incorporation of LLP. Designated Partners: Minimum 2 designated Partners are needed of them at least 1 should be a Indian resident. An office address in India. In order to register a Limited Liability Partnership (LLP) by an NRI, the identity proof, address proof as well as documents regarding Indian origin are required. Each one of these documents is required to be attested through the Indian embassy or notary public. PROCESS FOR LLP REGISTRATION IN INDIA FOR NRIS AND FOREIGN NATIONALS In India, you need at least two people to register an LLP. One of them should be an Indian citizen and resident in India.  Here are the steps for LLP registration in India for NRIs and foreign nationals: Obtain Digital Signature Certificate (DSC) All proposed designated partners of the LLP must have a DSC. NRIs and foreign nationals need to attach a notarized or apostilled copy of their Passport and proof of address along with the DSC application. Apply for a Designated Partner Identification Number (DPIN) All designated partners in an LLP need a DPIN. Thay can apply for the DPIN together with the application for incorporation of the LLP  in form Fillip. Seek approval for the name of the LLP You must apply for reserving the name of the LLP. You must make this application to the Ministry of Corporate Affairs (MCA) in form RUN-LLP. Also, you can apply for up to four names as per your preference. (two names each attempt). The proposed names must follow the guidelines as per the LLP Act, 2008. Further, you must ensure that the name is unique and not similar to any other LLP name by making a check on the MCA website. Incorporate the LLP Once you receive approval for a name, you must submit the application for incorporation of the LLP within 3 months. You will have to submit the required documents ie. Subscribers’ sheet along with the consent of the partners, NOC and proof of Registered Office and details of interest of designated partners in other entities in form Fillip.  Once the application is approved, the MCA provides a certificate of incorporation and you can commence business. File the LLP Agreement Within 30 days of incorporation of the LLP, you must ensure that all partners sign the LLP agreement and file it with the MCA. Unless you file the LLP agreement, the incorporation process is incomplete. Also, failure to comply results in heavy fines. PRIVATE LIMITED COMPANY REGISTRATION IN INDIA BY AN NRI In case of the ‘Non-resident Indian’ (NRI), and Overseas Citizens of India (OCI), the Private Limited Company registration in India could be considered as the ideal kind of business that could be registered in India. Reasons for choosing Private Limited Company registration in India by an NRI or OCI A Private limited company can be started with as less as two shareholders. Private limited companies are seen as particularly ideal for non-Resident Indians due to the nature of its legal and capital requirements. Compliance of a private limited company is much simpler compared to that of a Public limited company. There is no requirement of prior approval from the Government or the Reserve Bank of India for directing foreign investments into a private limited company. Pre requisites for Private Limited Company registration in India 2 directors 2 shareholders An office address in India. (one of the directors must be an Indian Resident) For becoming a director of an Indian Company one should obtain Directors Identification Number (DIN) and Digital Signature Certificate (DSC).  Most of the forms filed with the Registrar of Companies (ROC) must be signed with the DSC. In order to register a Private Limited Company or Public Limited Company by an NRI, the identity proof, address proof as well as documents regarding Indian origin are required. Every one of these documents is required to be attested through the Indian embassy or notary public. FEMA Regulations for NRI and OCI for Company registration in India To ease investment in India, the government permitted NRIs as accepted entities for investment as per the Regulations notified under Foreign Exchange Management Act, 1999. NRIs as per current FDI/FEMA legislation in India includes persons who are resident outside India but are citizens of India or are persons of Indian origin. NRIs can invest in India either by purchasing shares of an Indian company or investing in the capital of any existing entity or by registering a new business in the country. The FEMA regulations for NRIs an OCI wanting to invest and register a company in India are described in Schedule 4 of Foreign Exchange Management (Transfer or Issue of Security by a Person Resident Outside India) Regulations, 2017. SCHEDULE 4 OF FOREIGN EXCHANGE MANAGEMENT (TRANSFER OR ISSUE OF SECURITY BY A PERSON RESIDENT OUTSIDE INDIA) REGULATIONS, 2017 IN DETAILS BELOW: Schedule 4 [See Regulation 5(4)] Investment on non-repatriation basis A. Purchase

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